56770 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0688] 

RIN 1625–AA00 

Safety Zone; Youth for the Future 

Fireworks, St. Clair River; Algonac, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters on the St. Clair River 

in Algonac, MI. The safety zone is 

necessary and intended to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with fireworks displays 

created by the Youth for the Future 

organization. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Detroit, or his designated 

representative. 

DATES: This rule is effective from 9 

through 10:30 p.m. September 16, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0688 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Tracy Girard, Waterways 

Department, Sector Detroit, Coast 

Guard; telephone (313) 568–9564, email 

Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event sponsor notified the Coast Guard 

with insufficient time to publish an 

NPRM and immediate action is 

necessary to protect personnel, vessels, 

and the marine environment on the St. 

Clair River. It is impracticable and 

contrary to the public interest to publish 

a NPRM because we must establish this 

safety zone by September 16, 2023. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. For the same reasons 

discussed in the preceding paragraph, 

delaying the effective date of this rule 

would be impracticable because 

immediate action is needed to respond 

to the potential safety hazards 

associated with a fireworks display. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Detroit (COTP) has 

determined that potential hazards 

associated with fireworks displays will 

be a safety concern for anyone within a 

280-yard radius of the launch site. The 

likely combination of recreational 

vessels, darkness punctuated by bright 

flashes of light, and fireworks debris 

falling into the water presents risks of 

collisions which could result in serious 

injuries or fatalities. This rule is 

necessary to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

during the fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 9 p.m. until 10:30 p.m. on 

September 16, 2023. The safety zone 

will encompass all U.S. navigable 

waters of the St. Clair River within a 

280-yard radius of the fireworks launch 

site located 42°39.038′ N, 082°31.67′ W, 

in Algonac, MI. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters during the 

fireworks display. Entry into, transiting, 

or anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Detroit or his 

designated representative. The Captain 

of the Port Detroit or his designated 

representative may be contacted via 

VHF Channel 16. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone which would 

impact a small, designated area of the 

St. Clair River for approximately one 

and a half hours during the evening 

when vessel traffic is normally low. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM Marine Channel 16 about the 

zone, and the rule would allow vessels 

to seek permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 


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Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 56771 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting only 1.5 hours that will 

prohibit entry within 280-yard radius of 

where the fireworks display will be 

conducted. It is categorically excluded 

from further review under paragraph 

L[60] of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—Regulated Navigation 

Areas and Limited Access Areas 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T09–0688 to read as 

follows: 

§ 165.T09–0688 Safety Zone; Youth for the 

Future Fireworks, St. Clair River; Algonac, 

MI. 

(a) Location. The following area is a 

temporary safety zone: all U.S. 

navigable waters of the St. Clair River 

within a within a 280-yard radius of the 

fireworks launch site located at position 

42°39.038′ N, 082°31.67′ W. All 

geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Enforcement Period. This 

regulation will be enforced from 9 p.m. 

through 10:30 p.m. on September 16, 

2023. The Captain of the Port Detroit, or 

a designated representative may 

suspend enforcement of the safety zone 

at any time. 

(c) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Detroit (COTP) in the 

enforcement of the safety zone. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit or his designated representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Detroit 

or his designated representative to 

obtain permission to do so. Vessel 

operators given permission to enter or 

operate in the safety zone must comply 

with all directions given to them by the 

Captain of the Port Detroit or his 

designated representative. The COTP 

Detroit or his designated representative 

may be contacted via VHF Channel 16. 

Dated: August 15, 2023. 

Richard P. Armstrong, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2023–17882 Filed 8–18–23; 8:45 am] 

BILLING CODE 9110–04–P 


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